IN THE

TENTH COURT OF APPEALS

No. 10-11-00010-CV

HUNTSVILLE-WALKER COUNTY
CHAMBER OF COMMERCE, AND
DEE A. EVERETT,
Appellants
v.

CITY OF HUNTSVILLE, TEXAS,

Appellee

From the 278th District Court

Walker County, Texas
Trial Court No. 24833

ORDER OF REFERRAL TO MEDIATION

Appellants Huntsville-Walker County Chamber of Commerce and Dee A. Everett

note in their docketing statement that this appeal should be referred to mediation.

The Legislature has provided for the resolution of disputes through alternative

dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.001-


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this state to encourage the peaceable resolution of disputes . . . and the early settlement

QH RGPFKPI NKVKICVKQP VJTQWIJ XQNWPVCT[ UGVVNGOGPV RTQEGFWTGUŒ  Id. § 154.002 (West
2005). Mediation is a form of ADR. Mediation is a mandatory but non-binding

settlement conference, conducted with the assistance of a mediator. Mediation is

private, confidential, and privileged.

We find that this appeal is appropriate for mediation. See id. § 154.021(a) (West

2005); 10TH TEX. APP. (WACO) LOC. R. 9.

The parties are ordered to confer and attempt to agree upon a mediator. Within

fourteen days after the date of this Order, Appellant is ordered to file a notice with the

Clerk of this Court which either identifies the agreed-upon mediator or states that the

parties are unable to agree upon a mediator. If the notice states that the parties are

unable to agree upon a mediator, this Court will assign a mediator.

Mediation must occur within thirty days after the date the above-referenced

notice agreeing to a mediator is filed or, if no mediator is agreed upon, within thirty

days after the date of the order assigning a mediator.

No less than seven calendar days before the first scheduled mediation session,

each party must provide the mediator and all other parties with an information sheet

UGVVKPIHQTVJVJGRCTV[ŏURQUKVKQPUabout the issues that need to be resolved. At or before

the first session, all parties must produce all information necessary for the mediator to

understand the issues presented. The mediator may require any party to supplement

the information required by this Order.

Named parties must be present during the entire mediation process, and each

corporate party must be represented by a corporate employee, officer, or agent with

authority to bind the corporate party to settlement.

Huntsville-Walker County Chamber of Commerce Page 2

 Immediately after mediation, the mediator must advise this Court, in writing,

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mediate without fee, the mediator must negotiate a reasonable fee with the parties, and

the parties must each pay one-half of the agreed-upon fee directly to the mediator.

Failure or refusal to attend the mediation as scheduled may result in the

imposition of sanctions, as permitted by law.

Any objection to this Order must be filed with this Court and served upon all

parties within ten days after the date of this Order, or it is waived.

We refer this appeal to mediation.

The appeal and all appellate deadlines are suspended as of the date of this Order.

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Court is received. If the matter is not resolved at mediation, any deadline that began to

run and had not expired by the date of this Order will begin anew as of the date the

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UCOGFC[DWVCHVGTVJGOGFKCVQTŏUreport is received.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and
Justice Scoggins
Appeal referred to mediation
Order issued and filed February 9, 2011

Huntsville-Walker County Chamber of Commerce Page 3